HomeMy WebLinkAbout2026-03-03 Amended Petition on Appeal PWD Claudia Rohr
369 Nene St.
Hilo, HI 96720
(808)640-5976
crohr4@gmail.com
Appellant, pro se
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
CLAUDIA ROHR, No. PL-BOA-2025-000121
Appellant,
vs.
NEIL AZEVEDO, DIRECTOR OF AMENDED PETITION ON
PUBLIC WORKS; RICHARD APPEAL; CERTIFICATE OF
STANDKE; DEBORAH STANDKE, SERVICE
Appellees
AMENDED PETITION ON APPEAL
This Amended Petition is filed pursuant to Board of Appeals Rule 2-4(f):
Amended Document. An amendment to documents or pleadings shall
be submitted not less than seven (7) days prior to hearing, shall be
served on all parties, and filed with the Board. All parties shall have
the opportunity to answer and be heard on an amendment filed, and
the chairperson or presiding officer shall decide whether such
amendment will be allowed.
On May 1, 2025, Appellant Claudia Rohr filed a General Petition for Appeal
of a Decision by the Planning Director in PL-SAA-2025-000280 and a Decision by
the Department of Public Works Director to issue Building Permit No. PW. B2024-
005123 together. By Letter dated May 7, 2025, Appellant was informed that a
General Petition can be filed to appeal a Director's decision of the Planning
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Department or the Department of Public Works, in the singular. Appellant was
instructed to correct a defective petition by filing separate petitions, which she did.
During the process of preparing her case, Appellant discovered that the
zoning code prohibits a nonconforming use to increase to occupy a greater area of
land, as follows:
Zoning Code, Section 25-4-61 Continuance of nonconforming uses of land and
buildings, provides:
(a) Any nonconforming use of land or use of a building may continue to
the extent it existed on December 7, 1996 or at the time of the
adoption of any amendments to this chapter, provided that a
nonconforming use may be enlarged within the building it occupies,
but shall not be enlarged or increased to occupy a greater area of
land, nor shall it or the portion of the building housing it be moved
in whole or in part to any other portion of the building site occupied
by such nonconforming use, except as provided in this division.
Appellant is filing this Amended Petition to include the claim that Building
Permit No. PW.B2024-005123, and the proposed addition of a covered deck over a
concrete lanai and a new enclosed stairway will increase the building footprint and
cause the nonconforming STVR use to occupy a greater area of land than what is
existing, in violation of Zoning Code, Section 25-4-61.
Even though Building Permit No. PW.B2024-005123 has been revoked
because Standke' s STVR is not allowed to receive an owner- builder exemption
under Hawaii Revised Statutes, § 444-2.5, the "capable of repetition yet evading
review" exception to the mootness doctrine applies to this appeal, claiming that
Standke's STVR is not allowed to receive a building permit that causes the
nonconforming STVR use to occupy a greater area of land than what is existing,
pursuant to Zoning Code, Section 25-4-61.
This appeal presents a highly public issue about the continuance of
nonconforming STVR uses of land and buildings in residential neighborhoods.
(1) The name, address, email, and telephone number of the appellant.
CLAUDIA ROHR
369 Nene St.
Hilo, Hawaii 96720
Phone: (808) 640-5976
crohr49gmail.com
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The property involved is TMK (3)2-1-18-13, 14 Oeoe Street, Hilo, Hawai'i
96720. The owners are Richard and Deborah Standke.
Standing to Appeal based on asserted injuries to property rights
Richard and Deborah Standke have nonconforming use permits to operate
non-hosted short-term vacation rentals (STVR) at 14 Oeoe Street (four bedrooms for
12-persons, four parking spaces) and 16 Oeoe Street (five bedrooms for 16 persons,
seven stacked parking spaces), with vehicles that back out onto Oeoe Street through
side-by-side driveways because there is not enough off-street parking area to turn
round. The Standkes advertise their transient accommodation rentals together on
their own website and suggest you book more than one.
https://hilovacationhomes.com/
My east property boundary, TMK (3)-2-1-018-005, is 210 feet from the west
property boundary of TMK 3-2-1-18-13.
I rely on Oeoe Street to take my walks down to Leleiwi and Richardson's
beaches, to access my driveway at 369 Nene Street, and to receive emergency services,
including fire trucks that hook up to a fire hydrant on the corner of Oeoe Street and
Kalanianaole Street. In this case, adding a 240 SF lanai and a 240 SF covered deck
will expand the nonconforming use to cover more land and the property's capacity to
hold gatherings and parties, drawing even more vehicles to Oeoe Street, with
cumulative and significant adverse effects on the surrounding neighborhood and
Appellant's property rights—unsafe road conditions that limit the walkability of the
neighborhood and restricted emergency services.
Oeoe Street, Hilo, looking mauka towards Nene Street.
The driveway for 14 Oeoe Street is on the right.
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Oeoe Street, Hilo, looking seaward towards Kalanianaole Street.
The silver van is backing out of the driveway for 14 Oeoe Street on the left.
(3) A plain statement of the nature of the appeal and the relief requested.
This is an appeal of the Director of Public Works' decision to issue Building
Permit No. PW.B2024-005123 to a registered STVR, a nonconforming use in the
residential district, in error. The building plans are clear evidence that the proposed
addition of a covered deck over a concrete lanai and a new enclosed stairway will
increase the building footprint and cause the nonconforming use to occupy a greater
area of land than what is existing, in violation of Zoning Code, Section 25-4-61
Continuance of nonconforming uses of land and buildings.
Permit No. PW.B2024-005123 is void under Zoning Code, Section 25-2-20,
as a matter of law.
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This is not a minor matter. Adding a 240 SF lanai and a 240 SF covered deck
will expand the nonconforming use to cover more land and will increase the property's
capacity to hold gatherings and parties, drawing even more vehicles to Oeoe Street,
with cumulative and significant adverse effects on the surrounding neighborhood and
Appellant's property rights.
Relief Requested:
Reverse the Director of Public Works' decision to issue Building Permit No.
PW.B2024-005123 based upon the preponderance of evidence, that: (1) The
director of Public Works erred in his decision and it is clearly erroneous in
view of the reliable, probative, and substantial evidence on the whole record;
(2) The decision violated the Code and other applicable laws; and (3) The
decision was characterized by an abuse of discretion or clearly unwarranted
exercise of discretion.
(4) A statement explaining:
(A) How the decision appealed from violates the law:
The laws and rules that were violated are emphasized in bold and
underlined:
1. 14 Oeoe Street has been registered and certified under zoning code, section
25-4-7 Short-term Vacation Rental (STVR) and Planning Department Rule 23
since 2019. The yearly nonconforming use certificate renewals (NUCR) are
clearly displayed in EPIC for the building department to see. Turning a blind
eye to the public records, and approving Building Permit No. PW.B2024-
005123 for the proposed addition of a covered deck over a concrete lanai and a
new enclosed stairway that causes the nonconforming use to occupy a greater
area of land than what is existing, the Director of Public Works violated
Zoning Code, Section 25-4-61 Continuance of nonconforming uses of land
and buildings, which provides:
(a) Any nonconforming use of land or use of a building may continue to
the extent it existed on December 7, 1996 or at the time of the
adoption of any amendments to this chapter, provided that a
nonconforming use may be enlarged within the building it occupies,
but shall not be enlarged or increased to occupy a greater area of
land, nor shall it or the portion of the building housing it be moved
in whole or in part to any other portion of the building site occupied
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by such nonconforming use, except as provided in this division.
(emphasis added in bold and italics)
""Nonconforming use" means a use lawfully in existence on September 21,
1966 or on the date of any amendment to this chapter, but which does not
conform to the regulations for the zoning district in which it is located."
Zoning Code, Section 25-1-5.
The Landowners' building plans are clear evidence that the proposed addition
of a covered deck over a concrete lanai and a new enclosed stairway will
increase the building footprint and cause the nonconforming use to occupy a
greater area of land than what is existing.
The legal error affects Appellant's substantial rights because adding a 240 SF
lanai and a 240 SF covered deck will expand the property's capacity to hold
gatherings and parties, drawing even more vehicles to Oeoe Street, with
cumulative and significant adverse effects on the surrounding neighborhood
and on Appellant's property rights to unrestricted emergency services, safe
walkability of the neighborhood, and safe road conditions on Oeoe St..
Building Permit No. PW.B2024-005123 is void pursuant to Zoning Code,
Section 25-2-2. Issuance of permits or licenses in conformance with chapter:
All departments, officials, and public employees authorized to issue
permits or licenses shall conform to the provisions of this chapter and
no permit or license for any use, building, or other purpose shall be
issued where the license or permit would be in conflict with the
provisions of this chapter. Any permit or license, if issued in conflict
with the provisions of this chapter, shall be void. (1996, ord 96-160,
sec 2; ratified April 6, 1999.) (emphasis added in bold, italics, and
underline)
2. Building Permit No. PW.B2024-005123 violates HRS §444-2.5 Owner-
builder exemption.
3. The Director of Public Works issued Building Permit No. PW.B2024 005123,
on April 1, 2025, based on incorrect application or interpretation of PL- SFA-
2025- 000433, in violation of HRS §205A-22(2). "Addition/Alteration to
existing dwelling of a lanai" is not a listed exempt action.
The Director of Public Works issued Building Permit No. PW.B2024 005123,
on April 1, 2025, based on incorrect application or interpretation of Planning
Commission Rules of Practice and Procedure, Rule 9-9 Authority of the
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Department in the Special Management Area, which delegates authority over
exemption determinations to the Planning Director. PC Rule 9-9 required
that zoning clerk, Bonnie Okamoto sign the Building Plans "Bonnie Okamoto
for the Planning Director."
The Director's actions violated HRS§205A-29(b) Special management area
use permit procedure: "No agency authorized to issue permits pertaining to
any development within the special management area shall authorize any
development unless approval is first received in accordance with the
procedures adopted pursuant to this part."
(4) A statement explaining:
(B) How the decision appealed from is clearly erroneous:
1. There was incorrect application or interpretation of PL- SFA- 2025- 000433
SFA against §205A-22(2). "Addition/Alteration to existing dwelling of a
lanai" is not a listed exempt action.
2. There was incorrect application or interpretation of Planning Commission
Rules of Practice and Procedure, Rule 9-9 Authority of the Department in the
Special Management Area, which delegates authority over exemption
determinations to the Planning Director. PC Rule 9-9 required that zoning
clerk, Bonnie Okamoto sign the Building Plans "Bonnie Okamoto for the
Planning Director."
(4) A statement explaining
(C) How the decision appealed from was arbitrary and characterized
by an abuse of discretion or clearly unwarranted exercise of
discretion:
The Public Works Department has failed to promulgate rules governing its
decision making regarding building permits, which led to an arbitrary
decision characterized by a clearly unwarranted exercise of discretion.
(5) A clear and concise statement of any other relevant facts:
Richard Standke has been previously cited for violating the building code at
another one of his rentals at TMK (3)2-1-18-012, 2246 Kalanianaole Street, when he
converted storage space in the flood zone into two bedrooms, a bathroom and laundry
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room without obtaining building permits and rented the space out as a non-hosted
STVR.
DATE: Hilo, Hawai'i, February 3, 2026
V,ko_ ,& R L,
Appellant, pro se
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the foregoing document was
served upon the following parties shown below, via electronic mail service on March 3, 2026.
1. Director of Public Works,Neil Azevedo Neil.Azevedo(c�hawaiicoun ov
2. SINCLAIR SALAS FERGESON, sinclair.salasferguson@hawaiicounty.gov
Deputy Corporation Counsel
Attorney for the Director of Public Works
3. SYLVIA WAN, SylviaA.Wan@hawaiicounty.gov
Deputy Corporation Counsel
For the Board of Appeals
1. Board of Appeals boardofappeals@hawaiicounty.gov
2. RICHARD AND DEBORAH STANDKE richard.standke@gmail.com
DATED: Hilo, Hawaii, March 3, 2026.
(/kouj ' Ret.-
CLAUDIA ROHR,
Appellant Pro Se
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